Exhibit A of Attachment 1 - Part 1County of Santa Clara
Office of the County Clerk- Recorder
Business Division
County Government Center
70 West Hedding Street, E. Wing, t" Floot
San Jose, California 95110 (408) 299 -5688
CEQA DOCUMENT DECLARATION
ENVIRONMENTAL FILING FEE RECEIPT
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City Of San Jose
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A \� \t l f /�� -n
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7^�TA C1,P
Santa Clara County Clerk— Recorder's Office
State of California
REGINA ALCOMENDRAS, County Clerk— Recorder
by Mary Rattanapanya, Clerk— Recorder Office Spa, rAL�
2. PROJECT TITLE: _ File No. PP13 -043 Polystyrene Foam Food Service Ware Ordinance
3. APPLICANT NAME: City of San Jose Environmental Services Dept., alto: Ella Samonsky PHONE; 408- 793 -4379
4. APPLICANT ADDRESS: 200 E. Santa Clara Street, T -7, San Jose, CA 95113 E.
5. PROJECT APPLICANT IS A: `yD Local Public Agency O School District [3 Other Special District O State Agency O Private Entity
6. NOTICE TO BE POSTED FOR i DAYS.
7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a. PROJECTS THAT ARE SUBJECT TO DFG FEES
0 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §21152) $ 2,095.25
M 2. NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C) $ 2,156.25
0 3. APPLICATION FEE WATER DIVERSION IsTATE WATER RESOURCES CONTROL e D GNLn $ 850.00
0 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,018.50
ED S. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a -1 THROUGH a-4 ABOVE) $ 50.00
Fish 8 Game Code §711.4(e)
b. PROJECTS THAT ARE EXEMPT FROM DFG FEES
0 1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00
0 2. A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE
DEPARTMENT OF FISH 8 GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT I
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE *SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENTTYPE: O ENVIRONMENTAL IMPACT REPORT O NEGATIVE DECLARATION
c. NOTICES THAT ARE AlOTSU13JECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
0 NOTICE OF PREPARATION 0 NOTICE OF INTENT
$ 0.00
E 2,156.25
$ 0.00
$ 0.00
E 50.00
$ 0.00
$ 50.00 $ 0.00
NO FEE $ NO FEE
S. OTHER: FEE (IF APPLICABLE): $
S. TOTAL RECEIVED ......................................................................................................................... ............................... $ 2.206.25
`NOTE: "SAME PROJECT" MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A "NO EFFECT
DETERMINATION" LETTER FROM THE DEPARTMENT OFFISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL (WET SIGNATURE) AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO
YOU AT THE TIME OF FILING.) -
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK - RECORDER
PLEASE -NOTES FEES ARE ANNUALLY- ADJUSTED (Fish,& Game Code §711.4(b), PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
"... NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTIONARE PAID." Fish S Game Code §711.4(c)(3)
12-MG12 1EE0 EFFECT ME 01014013)
EXHIBIT A
1612013
IIIIIIIIIIIIIIIIIIIIII�I
IIIIII�IIII�IIIIII�IIIIIIIIIIIIII
Filed On:
ghdlPos9ed
10
`L I0 'I C60 Order Number:
Fee Total:
2,206.25
REGINA ALCOMENDRAS, County Clerk— Recorder
by Mary Rattanapanya, Clerk— Recorder Office Spa, rAL�
2. PROJECT TITLE: _ File No. PP13 -043 Polystyrene Foam Food Service Ware Ordinance
3. APPLICANT NAME: City of San Jose Environmental Services Dept., alto: Ella Samonsky PHONE; 408- 793 -4379
4. APPLICANT ADDRESS: 200 E. Santa Clara Street, T -7, San Jose, CA 95113 E.
5. PROJECT APPLICANT IS A: `yD Local Public Agency O School District [3 Other Special District O State Agency O Private Entity
6. NOTICE TO BE POSTED FOR i DAYS.
7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a. PROJECTS THAT ARE SUBJECT TO DFG FEES
0 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §21152) $ 2,095.25
M 2. NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C) $ 2,156.25
0 3. APPLICATION FEE WATER DIVERSION IsTATE WATER RESOURCES CONTROL e D GNLn $ 850.00
0 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,018.50
ED S. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a -1 THROUGH a-4 ABOVE) $ 50.00
Fish 8 Game Code §711.4(e)
b. PROJECTS THAT ARE EXEMPT FROM DFG FEES
0 1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00
0 2. A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE
DEPARTMENT OF FISH 8 GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT I
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE *SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENTTYPE: O ENVIRONMENTAL IMPACT REPORT O NEGATIVE DECLARATION
c. NOTICES THAT ARE AlOTSU13JECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
0 NOTICE OF PREPARATION 0 NOTICE OF INTENT
$ 0.00
E 2,156.25
$ 0.00
$ 0.00
E 50.00
$ 0.00
$ 50.00 $ 0.00
NO FEE $ NO FEE
S. OTHER: FEE (IF APPLICABLE): $
S. TOTAL RECEIVED ......................................................................................................................... ............................... $ 2.206.25
`NOTE: "SAME PROJECT" MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A "NO EFFECT
DETERMINATION" LETTER FROM THE DEPARTMENT OFFISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL (WET SIGNATURE) AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO
YOU AT THE TIME OF FILING.) -
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK - RECORDER
PLEASE -NOTES FEES ARE ANNUALLY- ADJUSTED (Fish,& Game Code §711.4(b), PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
"... NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTIONARE PAID." Fish S Game Code §711.4(c)(3)
12-MG12 1EE0 EFFECT ME 01014013)
EXHIBIT A
crry OF
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SA OF V JOSE Department of Planning, Building and Code
CAPrIAL OF SILICON VALLEY JOSEPH HORWE
File No. PP13 -043
® County Clerk- Recorder
County of Santa Clara
70 W. Hedding St., San Jose, CA, 95110
❑ Office of Planning and Research SCH # 2013072022
State of California
P.O. Box 3044, Sacramento, CA, 95812
NOTICE OF DETERMINATION FOR A NEGATIVE DECLARATION
File No. PP13 -043. Polystyrene Foam Food Service Ware Ordinance.
Project Description: The proposed Polystyrene Foam Food Service Ware Ordinance is a model
ordinance that would regulate the use of polystyrene foam food service ware by restaurants and
food service establishments within participating jurisdictions in Santa Clara County. The
proposed ordinance would phase -out the use of expanded or extruded polystyrene (EPS) foam
food service ware, as adopted by implementing jurisdictions. Restrictions on use would be .
phased to allow restaurants using EPS food ware to transition to alternative products. Two
options for additional regulation of EPS food ware products may also be adopted by any or all of
the participating cities or towns and unincorporated Santa Clara County. The two options
include: 1) a restriction of sales of EPS foam food service ware in retail stores and sales outlets;
and 2) a restriction of sales of EPS coolers or ice chests which are not wholly encapsulated or
encased within a more durable material.
Project Location: The proposed model ordinance would apply to retail food vendors within the
following 14 incorporated cities and towns in Santa Clara County, California: San Josh,
Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno,
Morgan Hill, Mountain View, Santa Clara, Saratoga, and Sunnyvale. Two jurisdictions in the
County that have already adopted restrictions on the use by retail food vendors of EPS foam food
ware may amend their adopted ordinances to include these additional restrictions. These
jurisdictions are: City of Palo Alto and County of Santa Clara (unincorporated area).
This is to advise that the City Council of the City of San Jose approved the above - described
project on September 10, 2013 and has made the following determinations regarding such
project:
1. The project will not have a significant effect on the environment.
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were not made a condition of approval of the project.
4. A Mitigation Monitoring or Reporting Program was not adopted for this project.
5. Findings were made pursuant to the provisions of CEQA.
The Mitigated Negative Declaration and record of project approval may be examined at the City
of San Josh, Department of Planning, Building and Code Enforcement, 200 East Santa Clara
200 East Santa Clara Street, 3`^ Floor Tower, San JosB, CA 95113 let (408) 535 -7800 fax (408) 292 -6055. www.sanjosma.gov
Street, 1St Floor Tower, San Josd CA 95113 -1905. This notice is in compliance with Section
21108 and 21152 of the Public Resources Code.
The above - described project was approved and issued on September 10, 2013.
Date: —O
Joseph Horwedel, Director
Planning, Building and Code Enforcement
Deputy
Filets. 18269 9/1612013
0
r
Regina Alcomendras
Santa Cfara
Co.
Clerk - Recorder
03/16/13
15:14:34
Receipt f
2409120
W'rkstn ID
C49A
Ptblic
Fees
ffi2,206.25
** TOTAL.
2,206.25
Check
2,206.25
PLEASE KEEP
CITY OF ^
SANJUSE
CAPITAL OF SILICON VALLEY
NEGATIVE DECLARATION
and Code
The Director of Planning, Building and Code Enforcement has reviewed the proposed project
described below to determine whether it could have a significant effect on the environment as a
result of project completion. "Significant effect on the environment' means a substantial, or
potentially substantial, adverse change in any of the physical conditions within the area
affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and
objects of historic or aesthetic significance.
NAME OF PROJECT: Polystyrene Foam Food Service Ware Ordinance
PROJECT FILE NUMBER: PP13 -043
PROJECT DESCRIPTION: The proposed Polystyrene Foam Food Service Ware Ordinance is a
model ordinance that would regulate the use of polystyrene foam food service ware by restaurants and
food service establishments within participating jurisdictions in Santa Clara County. The proposed
ordinance would phase -out the use of expanded or extruded polystyrene (EPS) foam food service ware,
as adopted by implementing jurisdictions. Restrictions on use would be phased to allow restaurants
using EPS food ware to transition to alternative products. Two options for additional regulation of
EPS food ware products may also be adopted by any or all of the participating cities or towns and
unincorporated Santa Clara County. The two options include: 1) a restriction of sales of EPS foam
food service ware in retail stores and sales outlets; and 2) a restriction of sales of EPS coolers or ice
chests which are not wholly encapsulated or encased within a more durable material.
PROJECT LOCATION: The proposed model ordinance would apply to retail food vendors within
the following 14 incorporated cities and towns in Santa Clara County, California: San Jose, Campbell,
Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill,
Mountain View, Santa Clara, Saratoga, and Sunnyvale. Two jurisdictions in the County that have
already adopted restrictions on the use by retail food vendors of EPS foam food ware may amend their
adopted ordinances to include these additional restrictions. These jurisdictions are: City of Palo Alto
and County of Santa Clara (unincorporated area).
COUNCIL DISTRICT: Citywide
APPLICANT CONTACT INFORMATION: Ella Samonsky, City of San Jose Environmental
Services Division, 200 E. Santa Clara Street, T -7, San Jose CA 95113; (408) 793 -4379
FINDING:
The Director of Planning, Building & Code Enforcement finds the project described above will not
have a significant effect on the environment in that the attached initial study identifies no potentially
significant effects on the environment.
200 East Santa Clara Street, San Jose CA 95113 -1905 tel (408) 535 -3555 fax (408) 292.6055 www.sanjoseca.gov
Negative Declaration
File No. PP13 -043
Page 2
FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS:
I. AESTHETICS. The project will not have a significant impact on aesthetics or visual
resources, and therefore no mitigation is required.
II. AGRICULTURE AND FOREST RESOURCES. The project will not have a significant
impact on agriculture or forest resources, and therefore no mitigation is required.
III. AIR QUALITY. The project will not have a significant air quality impact, and therefore no
mitigation is required.
IV. BIOLOGICAL RESOURCES. The project will not have a significant impact on biological
resources, and therefore no mitigation is required.
V. CULTURAL RESOURCES. The project will not have a significant impact on cultural
resources, and therefore no mitigation is required.
VI. GEOLOGY AND SOILS. The project will not have a significant impact due to geology and
soils, and therefore no mitigation is required.
VII. GREENHOUSE GAS EMISSIONS. The project will not have a significant impact due to
greenhouse gas emissions, and therefore no mitigation is required.
VIII. HAZARDS AND HAZARDOUS MATERIALS. The project will not have a significant
hazards and hazardous materials impact, and therefore no mitigation is required.
IX. HYDROLOGY AND WATER QUALITY. The project will not have a significant hydrology
and water quality impact, and therefore no mitigation is required.
X. LAND USE AND PLANNING. The project will not have a significant land use impact, and
therefore no mitigation is required.
XI. MINERAL RESOURCES. The project will not have a significant impact on mineral
resources, and therefore no mitigation is required.
XII. NOISE. The project will not have a significant noise impact, and therefore no mitigation is
required.
XIII. POPULATION AND HOUSING. The project will not have a significant population and
housing impact, and therefore no mitigation is required.
XIV. PUBLIC SERVICES. The project will not have a significant impact on public services, and
therefore no mitigation is required.
XV. RECREATION. The project will not have a significant impact on recreation, and therefore no
mitigation is required.
200 East Santa Clara Street, San Josd CA 95113 -1905 tel (408) 535 -3555 fax (408) 292 -6055 www.sanjoseca.gov
Negative Declaration
File No. PP13 -043
Page 3
XVI. TRANSPORTATION / TRAFFIC. The project will not have a significant traffic impact, and
therefore no mitigation is required.
XVII. UTILITIES AND SERVICE SYSTEMS. The project will not have a significant impact on
utilities and service systems, and therefore no mitigation is required.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE. The project will not substantially reduce
the habitat of a fish or wildlife species, be cumulatively considerable, or have a substantial
adverse effect on human beings, and therefore no mitigation is required.
PUBLIC REVIEW PERIOD:
Before 5:00 p.m. on August 9, 2013, any person may:
Review the Draft Negative Declaration (ND) as an informational document only; or
2. Submit written comments regarding the information, analysis, and mitigation measures in the
Draft ND. Before the ND is adopted, Planning staff will prepare written responses to any
comments, and revise the Draft ND, if necessary, to reflect any concerns raised during the
public review period. All written comments will be included as part of the Final ND.
Joseph Horwedel, Director
Planning, Building and Code Enforcement
Circulation period: from July 10, 2013 to August 9, 2013.
Deputy
Revised 5 -6 -11 jam
200 East Santa Clara Street, San Josd CA 95113 -1905 tel (408) 535 -3555 fax (408) 292 -6055 www.sanjoseca.gov
This page intentionally left blank
THIS PAGE
INTENTIONALLY
LEFT BLANK
TABLE OF CONTENTS
SECTION 1.0 INTRODUCTION AND PURPOSE ............................................ ..............................1
SECTION 2.0 PROJECT INFORMATION ......................................................... ..............................1
2.1
PROJECT TITLE ................................................................................... ..............................1
2.2
PROJECT LOCATION .......................................................................... ..............................2
2.3
LEAD AGENCY CONTACT ................................................................ ..............................9
2.4
PROJECT - RELATED APPROVALS, AGREEMENTS AND PERMITS .......................11
SECTION 3.0 PROJECT DESCRIPTION .......................................................... .............................12
3.1
PROJECT BACKGROUND AND PURPOSE ...................................... .............................12
SECTION 4.0 SETTING, ENVIRONMENTAL CHECKLIST AND IMPACTS ...........................16
4.1
AESTHETICS ........................................................................................ .............................33
4.2
AGRICULTURAL AND FOREST RESOURCES ................................ .............................38
4.3
AIR QUALITY ....................................................................................... .............................40
4.4
BIOLOGICAL RESOURCES ................................................................ .............................46
4.5
CULTURAL RESOURCES ................................................................... .............................54
4.6
GEOLOGY AND SOILS ....................................................................... .............................56
4.7
GREENHOUSE GAS EMISSIONS ....................................................... .............................58
4.8
HAZARDS AND HAZARDOUS MATERIALS .................................. .............................65
4.9
HYDROLOGY AND WATER QUALITY ........................................... .............................74
4.10
LAND USE ............................................................................................. .............................92
4.11
MINERAL RESOURCES ...................................................................... .............................94
4.12
NOISE .................................................................................................... .............................95
4.13
POPULATION AND HOUSING ........................................................... .............................97
4.14
PUBLIC SERVICES .............................................................................. .............................98
4.15
RECREATION ....................................................................................... .............................99
4.16
TRANSPORTATION ............................................. ............................... ............................100
4.17
UTILITIES AND SERVICE SYSTEMS ............... ............................... ............................104
4.18
MANDATORY FINDINGS OF SIGNIFICANCE ............................... ............................127
SECTION5.0 REFERENCES ............................................. ............................... ............................131
SECTION 6.0 AUTHORS AND CONSULTANTS ........... ............................... ............................140
EPS Foam Food Ware Ordinance Initial Stud
City of San Jost i July 201
TABLE OF CONTENTS
FIGURES
Figure2.3 -1
Regional Map ................................................................................
..............................5
Figure 2.3 -2
Participating Jurisdictions .............................................................
..............................7
Figure2.3 -3
Existing Bans ................................................................................
..............................9
Figure 4.9 -1
Principal Watersheds in Santa Clara County ...............................
.............................75
Figure 4.17 -1
EPS foam Disposal Paths ............................. ...............................
............................113
Figure 4.17 -2
Fiber Disposal Paths ..................................... ...............................
............................115
Figure 4.17 -3
Fiber Disposal Paths (Commercial) ............. ...............................
............................117
Figure 4.17 -4
Plastics Disposal Paths ................................. ...............................
............................119
Figure 4.17 -5
PLA Disposal Paths ...................................... ...............................
............................121
Figure 4.17 -6
PLA Disposal Paths (Commercial) .............. ...............................
............................123
TABLES
Table 2.3 -1:
Jurisdictions within Santa Clara County ............................................ ..............................3
Table 4.0 -1:
Permitted Food Vendors in Santa Clara County ............................... .............................23
Appendix C
Table 4.0 -2:
Summary of Businesses and Facilities That May Sell, Use .............. .............................24
Information on Disposable Food Containers
Table 4.0 -3:
EPS Substitute Products .................................................................... .............................28
Table 4.0 -4:
Anticipated Shift to EPS foam Substitutes ........................................ .............................31
Table 4.4 -1:
Wildlife Species Covered in the Santa Clara Valley Habitat Conservation Plan ...........
52
Table 4.7 -1:
Relevant Greenhouse Gas Plans and Policies for Participating Jurisdictions ................60
Table 4.9 -1:
Principal Watersheds and Creeks within Participating Jurisdictions .............................77
Table 4.9 -2:
Estimated Volume of Trash Reaching Storm Drain Inlets ................ .............................84
Table 4.17 -1:
Water Retailers for Jurisdictions within Santa Clara County .......... ............................104
Table 4.17 -2:
Sanitary Sewer Service for Jurisdictions within Santa Clara County ........................106
Table 4.17 -3:
Capacity of Waste Disposal and Diversion Facilities in Santa Clara County ............
125
APPENDICES
Appendix A
Draft Ordinances (Al: City of San Josh & A -2: City of Sunnyvale)
Appendix B
Baseline Estimates of Disposable Polystyrene Foam Food Ware
Appendix C
Summary of Life Cycle Assessments
Appendix D
Information on Disposable Food Containers
EPS Foam Food Ware Ordinance Initial
City of San JOSE ii July
SECTION 1.0 INTRODUCTION AND PURPOSE
This Initial Study of environmental impacts is being prepared to conform to the requirements of the
California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of
Regulations § 15000 et.seg.) and the regulations and policies of the City of San Jose.
This Initial Study evaluates the potential environmental impacts that might reasonably be anticipated
to result from implementation of a model Polystyrene Foam Food Ware Ordinance in un to 134-4
incorporated cities and towns within Santa Clara County, California.
SECTION 2.0 PROJECT INFORMATION
2.1 PROJECT TITLE
Polystyrene Foam Disposable Food Ware Ordinance
2.2 OVERVIEW OF THE PROPOSED PROJECT
The project is adoption of an ordinance regulating the use of polystyrene foam food ware by
restaurants and food service establishments. The proposed Polystyrene Foam Food Service Ware
Ordinance ( "Proposed EPS Food Ware Ordinance ") is a model ordinance that would regulate the use
of polystyrene foam food service ware within participating jurisdictions in Santa Clara County.
Participating jurisdictions for the model ordinance that currently do not have restrictions on expanded
or extruded polystyrene (EPS) foam food ware include 134-4 of the 15 incorporated cities in Santa
Clara County (Palo Alto, Los Altos Hills, and unincorporated County of Santa Clara jurisdictions
already have bans in place). The Proposed Ordinance would phase -out the use of EPS foam food
service ware at restaurants and food service establishments within Santa Clara County, as adopted by
implementing jurisdictions.
EPS foam food ware use at restaurants and other food vendors would be prohibited in all adopting
cities and towns. Restrictions on use would be phased to allow restaurants using EPS food ware to
transition to alternative products.
Two options for additional regulation of EPS food ware products may also be adopted by any or all
of the participating cities or towns and unincorporated Santa Clara County. The two options include:
1) a restriction of sales of EPS foam food service ware in retail stores and sales outlets; and 2) a
restriction of sales of EPS coolers or ice chests which are not wholly encapsulated or encased within
a more durable material. These options may be incorporated in EPS Food Ware Ordinance language
for adoption by individual jurisdictions.
In the City of San Jose, the ordinance would consist of revisions to Chapter 9.10 of Title 9 of the
City's Municipal Code to prohibit the use of polystyrene foam food ware by food vendors.
EPS Foam Food Ware Ordinance Initial Study
City of San Josh 1 July 2013
A copy of the draft model ordinance is provided in Appendix A -1. The draft ordinance for the City
of Sunnyvale, which includes provisions to phase -out the sale of empty containers is provided in
Appendix A -2.
2.3 PROJECT LOCATION
The proposed model ordinance would apply to retail food vendors within the following 131-4
incorporated cities and towns in Santa Clara County, California:
• San Jose
• Campbell
• Cupertino
• Gilroy
• Los Altos
• Los Gatos
• Milpitas
• Monte Sereno
• Morgan Hill
• Mountain View
• Santa Clara
• Saratoga
• Sunnyvale
Individual cities or towns may also add provisions that would cover retail sale of containers and/or
sale of unlined polystyrene (PS) foam ice chests at retail stores. Three Two jurisdictions in the
County that have already adopted restrictions on the use by retail food vendors of EPS foam food
ware may amend their adopted ordinances to include these additional restrictions. These
jurisdictions are:
• City of Palo Alto
• County of Santa Clara (unincorporated area)
• Town of Los Altos Hills
The Town of Monte Sereno does not currently have retail vendors within their town limits and there
is no apparent need to adopt the ordinance at this time. Residents of Monte Sereno would be affected
by implementation of the ordinance in adjacent cities that do have retail vendors. The Town of Los
Altos Hills previously adopted an ordinance regulating the use of polystyrene containers in July
2012.
The project area is located at the southerly end of San Francisco Bay as shown on Figure 2.3 -1. The
134-4 jurisdictions that are considering adoption of the model ordinance cover over 3209 square
miles, which is about one -third (32 percent) of the 1,029.1 square miles of Santa Clara County. The
estimated resident population as of January 2012 within these cities and towns was 1,656,561
,, z- 66"4,,598 (about 9192 percent of Santa Clara County) with about 819.053822324 jobs (91 percent
of jobs in the County). A breakdown of residents and employment by jurisdiction is provided in
Table 2.3 -1.
EPS Foam Food Ware Ordinance Initial Study
City of San Josh 2 July 2013
Table 2.3 -1
Jurisdictions within Santa Clara County
Employment3
Jurisdiction
Area'
Population!
(includes Self -
(in square miles)
(2012 estimates)
to
em ed
Participating Jurisdictions
San Jose
176.5
971,372
475,766
Campbell
5.8
39,882
22,965
Cupertino
11.3
59,022
26,639
Gilroy
16.2
50,158
20,405
Los Altos
6.5
29,460
13,429
Les-44es4lil1s
SS
&,42-7
34 2
Los Gatos
11.1
29,854
15,221
Milpitas
13.6
66,966
32,099
Monte Sereno
1.64
3,373
1,747
Morgan Hill
12.9
39,127
19,192
Mountain View
12.0
75,275
43,377
Santa Clara
18.4
118,813
60,239
Saratoga
12.4
30,363
12,903
Stmn ale
22.0
142,896
75,071
Total
320.3
42#4
1,656.561
1,664,585
819,053
R22-,5-L5
Jurisdictions in Santa Clara County with Disposable Food Ware Ordinances (Amendments
Only)
Los Altos Hills
8.8
8 427
3 472
Palo Alto
23.9
65,544
33,282
Unincorporated Santa
676.1
86,354
46,441
Clara County
Area data is from U.S. Census Bureau. "State & County QuickFacts." 2010. Last revised January 10, 2013.
Available at: htty://auickfacts.census.gov
2 Population data is from the California Department of Finance. "E -1 Population Estimates for Cities, Counties,
and the State - January 1, 2011 and 2012." May 2012. Available at:
http://www.dofca.gov/research/demogwhic/rer)orts/estimates/e-l/
3 Employment data from the American Community Survey 2006 -2010 in: Bay Area Census. "Santa Clara
County." (Plus pages for each member jurisdiction). Available at:
http,//www.bayareacensus.ca.gov/counties/SantaClaraCounty.htm
4 City of Monte Sereno. "About Monte Sereno." 2012. Available at:
h=:Hasoft20l3.accrisoft.com/montesereno/
EPS Foam Food Ware Ordinance Initial Study
City of San Jose 3 July 2013
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EPS Foam Food Ware Ordinance Initial Stud
City of San Jose 4 July 201
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EPS Foam Food Ware Ordinance Initial Stud
City of San Josh 6 July 201
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EPS Foam Food Ware Ordinance Initial Study
City of San Josh 8 July 2013
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EPS Foam Food Ware Ordinance Initial Study
City of San Josh 10 July 2013
2.4 LEAD AGENCY CONTACT
John Davidson
City of San Jos6
Department of Planning, Building, & Code Enforcement
200 E. Santa Clara Street, Third Floor
San Jos6, CA 95113
(408) 535 -7898
(408) 778 -6480
2.5 PROJECT PROPONENT
City of San Jose
Environmental Services Division
200 E. Santa Clara Street, 101b Floor
San Jos6, CA 95113
(408) 535 -8550
Attn: Ella Samonsky
2.6 PROJECT - RELATED APPROVALS, AGREEMENTS AND PERMITS
• Municipal or County Code Amendments by each participating jurisdiction
EPS Foam Food Ware Ordinance Initial Study
City of San Jos€ 11 July 2013
SECTION 3.0 PROJECT DESCRIPTION
3.1 PROJECT BACKGROUND AND PURPOSE
3.1.1 What is Polystyrene Foam Food Ware?
Polystyrene foam is a thermoplastic material derived from
petrochemicals.' Thermoplastic resins consist of long molecules that
can be melted and solidified by heating and cooling.' When a blowing
agent (such as pentane) is added to general purpose polystyrene resin,
the material is referred to as "expandable (or "expanded ")
polystyrene ".
Two common types of polystyrene foam are expanded polystyrene
A dd 1
Styrene is a carbon containing
compound that can be converted to
a polymer (chain of molecules) or
synthetic resin through a process
known as polymerization.
Polystyrene is composed of large
number ofthe styrene monomer, or
molecules (Q/15CHCH2) , and is
used widely to make plastic
an extra a po ystyrene foam. Polystyrene foam beverage cups are
generally made of expanded polystyrene .3 Common extruded polystyrene foam food service ware
products include foam plates and trays, clam shells, meat trays, and egg cartons. For the purposes of
this study, both expanded and extruded polystyrene foam products will be referred to as EPS, unless
otherwise noted.
Photo 1: EPS Foam Food Ware
"Thermoplastic" refers to a polymer (such as polyethylene or polystyrene) that becomes pliable or moldable above
a specific temperature, and returns to a solid state upon cooling (Source:
htto:/ /en:wildpedia.or�glwik+/ Thermoplastic 1. — Petrochemicals am substances obtained by the refining and processing
of petroleum or natural gas.
2 SPI. "Definitions of Resins ". Accessed April 16, 2013.
<ho: / /www.plasticsinduM. or2/AboutPlasti cs/content.cfm ?ItemNumber- 656 & &navltemNumber —1 128>
3 EPS food service ware is sometimes incorrectly referred to as "Styrofoam ® ". Although it also is composed of the
same base material, polystyrene, "Styrofoam®" refers to an extruded (building) insulation product produced and
marketed solely by the Dow Chemical Company.
EPS Foam Food Ware Ordinance Initial Study
City of San Josd 12 July 2013
3.1.2 What is the Purpose of Adopting an Ordinance?
The basic objectives of the proposed project are to:
• Reduce the amount of EPS foam food ware in urban litter;
• Reduce the amount of EPS foam material that reaches local waterways and ultimately, San
Francisco Bay or Monterey Bay and the Pacific Ocean.
• Reduce use of a material that cannot be composted or recycled.
Photo 2: Food Ware Litter in Coyote Creek
Multiple cities in Santa Clara County, the San
Francisco Bay Area, the State of California, and
throughout the country are considering adoption
or have adopted ordinances that ban or limit the
use of EPS foam food ware. In the Bay Area
and areas near the ocean, a primary concern has
been the fate of EPS foam litter in the
environment. EPS foam is friable, light and
easily becomes airborne and/or breaks into
small pieces which are hard to collect. EPS
foam is also a uniquely problematic pollutant for
aquatic and marine environments because it
floats and is highly visible. Birds and marine wildlife are also reported to ingest these small pieces of
material.
From a regulatory standpoint, the San Francisco Bay Regional Water Quality Control Board has
required all Municipal Regional Permit (MRP) National Pollutant Discharge Elimination System
(NPDES) permittees (cities,
counties and agencies) to reduce
litter entering waterways through
the municipal separate storm
sewer system. Some permit
requirements relate to visual
assessment of waterways and
attainment of no visible impact
due to trash.
In Santa Clara County, two
jurisdictions (Palo Alto in 2009
and the County of Santa Clara in
2012) have adopted food vendor
Photo 3: Lighter Materials in a Hydrodynamic Separator within the San Josh Storm
Drainage System
EPS Foam Food Ware Ordinance Initial Study
City of San JosB 13 July 2013
EPS foam food container bans.° An additional 30 cities and counties in California have enacted
ordinances banning EPS foam containers at restaurants. The cities and towns of San Jos €,
Sunnyvale, Cupertino, Milpitas, Mountain View, Morgan Hill, and Los Altos in Santa Clara County
have individually initiated research on the fate of EPS foam food ware in their communities and
options for regulating the use of this material.
In late 2012, the City of San Jose approached other jurisdictions regarding the development and
review of a model ordinance that could be used by cities and towns within Santa Clara County.
Consideration of a model ordinance would allow for there to be uniformity in definitions and a
consolidated and comprehensive environmental review process. The proposed model ordinance
project is intended to address challenges associated with the collection and control of litter from
single -use polystyrene foam food ware on a broad, uniform, County -wide basis.
3.2 PROJECT COMPONENTS
3.2.1 Definitions of Regulated Activities
The ordinance would prohibit the use of disposable polystyrene foam food and beverage containers
for serving (dine -in) or transporting (take -out) prepared foods by food vendors within the specific
jurisdictions of incorporated Santa Clara County that adopt the ordinance.
Prepared food does not include uncooked eggs, fish, meat or poultry unless provided for
consumption without further food preparation (e.g., sushi).
Disposable food service ware includes, but is not limited to, plates, cups bowls, trays, and hinged or
lidded containers, also known as clamshells.
Typical EPS foam food containers
that would be covered by the
ordinance are clamshell containers,
plates and cups, as shown in Photo 4.
3.2.2 Exceptions
In the model ordinance, pre- packed
food that arrives at the premises of
the food vendor in a container or
wrapper and is not removed from the
container or wrapper before its sale
or provision is not covered by the
Photo 4: Euamples of EPS foam Products Subject to the Proposed Ordinance
EPS food ware prohibition (e.g., ramen
noodles in a EPS foam cup or pre - packaged dried fruit or vegetables sold at a grocery store).
In addition, several jurisdictions, including the City of San Josh (City Council Policy 4 -6) and Town of Los Gatos
(Section 5c of the Town's Purchasing Manual), have adopted environmental procurement policies that restrict the
purchase and use of EPS foam products by the city or town and/or at city or town- sponsored events.
EPS Foam Food Ware Ordinance Initial Study
City of San Josh 14 July 2013
As noted above, EPS foam food ware used for raw eggs and raw, butchered meat, fish or poultry is
exempt and would not be prohibited.
3.2.3 Optional Provisions
Two options for additional regulation of EPS food ware products may also be adopted by any or all
of the participating cities or towns and unincorporated Santa Clara County. The two options include:
1) a restriction of sales of EPS foam food service ware in retail stores and sales outlets; and 2) a
restriction of sales of EPS coolers or ice chests which are not wholly encapsulated or encased within
a more durable material.
The prohibition of sale of (empty) polystyrene foam containers and service ware by vendors (e.g.,
stores or business that sell goods or merchandise) would apply to a variety of sales outlets, such as
grocery stores and drug stores, food service ware suppliers (e.g., restaurant supply, cash and carry,
big box retailers), hardware stores and sporting goods stores (i.e., foam ice chests not encapsulated in
other materials). The restrictions on EPS foam container sales would apply within the city or town
limits.
These options may be incorporated in EPS Food Ware Ordinance language for adoption by
individual jurisdictions.
3.2.4 Implementation
The ordinance would take effect no sooner than January 1, 2014, or 30 days following adoption by
each jurisdiction. Implementation may be staggered for large food vendors (part of a chain or
franchise of food vendors that operate in more than one state) and small food vendors. The
ordinance would take effect for small food vendors (not part of an interstate chain or franchise) one
year later.
For jurisdictions that adopt the optional provision prohibiting the sale of polystyrene foam containers
and food service ware by sales outlets, implementation of the limits on sales may take place after the
effective date for food vendors.
3.2.5 Exemptions
The ordinance includes provisions for exemptions due to undue hardship that may vary by
jurisdiction. Exemptions would be granted on a case -by -case basis by city or town staff (e.g.,
Director of Environmental Services Department) and may consider unique financial or economic
hardship and/or situations where no reasonably feasible available alternative exists.
EPS Foam Food Ware Ordinance Initial Study
City of San Jost 15 July 2013